Return to CALJIC Part 5-8 – Contents
F 8.97 n1 Speed Laws: Improper Mandatory Presumption.
[See FORECITE F 8.95 n1.]
F 8.97 n2 Vehicular Manslaughter – Non-Intoxication: Violation Of Basic Speed Law Not Inherently Dangerous.
[See FORECITE F 8.90 n5.]
F 8.97a
Maximum Speed Law: Deletion Of “Inherently
Dangerous To Human Life” Language
SUBSEQUENT HISTORY: CJ Instruction Modified To Comport With FORECITE. In the CALJIC 6th Edition, CJ 8.97 was amended, adopting FORECITE’s recommendation that the “inherently dangerous to human life” language be deleted from the instruction.
[DELETE CJ 8.97]
Points and Authorities
“… [T]he unlawful act element of the offense that must be dangerous to human life or safety is not the misdemeanor itself in the abstract, but the conduct of the defendant in the circumstances in which the violation occurred. To support a conviction of violating section [PC] 192(c) the circumstances of the violation, not the offense in the abstract, must be dangerous to human life and safety.” (People v. Wells (96) 12 C4th 979, 985 [50 CR2d 699].)
Hence, CJ 8.95, CJ 8.96 and CJ 8.97 should not be used. Instead, the jury must determine whether the act was committed with gross negligence. (See FORECITE F 8.45c.)